Posted on 06/29/2005 12:39:43 PM PDT by Ernest_at_the_Beach
One question, who the hell checked the pockets of the rapist when he was arrested?? Strange they would not discover that prior to the trial.
Why is it that the justice system bends over backwards for criminals? It really puzzles me.
Unbelievable! Instead of turning him loose they should have added 20 years since he admitted it. All of the women in his state need to be extra careful.
I would be surprised if he was free awaiting retrial. I highly doubt it. I do not blame the judge, here - the law was followed, and that is what we believe here at FR. The near certainty is that the guy will remain in jail awaiting retrial, and may plead rather than have a trial in whcih the bumbling police/prosecutors have located his written confession. You can just about bet the farm that justice will be done on this guy, but it will be done according to the rule of law. Lament the idiocy of the screw-up, not the judge, in this case at least.
We have enough real activist judges on the loose to blame one just becaue the law mandates a silly result (temporarily).
If the prosecution was trying to make an end-run aaround the rules of evidence, they asked for this. I assume that the accused will be re-tried.
Well I would hope so. What if it wasn't his and some DA or police did this...and why the heck was a jury given this mans pants to rifle thru, that is repulsive.
It's too bad the conviction is overturned, but the jury is not, in our system, permitted to do its own discovery of evidence. If the prosecution has a good case our rapist will go down.
good point.
I wonder how on Earth they missed this note beforehand.
Exactly.
When I first read this story, I was with the jury....and then I read reply and realized that frankly, this note could be from anybody.
A juror, prosecutor...anybody wanting to see this guy get put away...could have written it to try to influence the jury if they felt there was a good chance the jury would not convict.
Uh, wha...why, uh...never mind. The human propensity to do really sick things never ceases to amaze me.
nothingnew's 1st rule:
Never underestimate anyone.
FMCDH(BITS)
I hope the woman's father takes his revenge.
Have we got an article that states that, that would change my feelings on this affair a great deal!
Article does talk about a new trial.
Investigators say a confession was taken after Bradley's arrest, but the original copy of the statement could not be found after the death of Calhoun County sheriff's Capt. Steve West in October 2004.
without pants.
Confession carrier?
What can happen is the judge declaring a mistrial. This guy will be tried again. What matters now in this case concerning the evididence is chain of custody. If that can be impeached, it won't be brought into trial and the guy'll have to be retried all over again based on the merits of the evidence that was presented in the first case (barring any new evidence that's come to light since then - the confession notwithstanding).
See my above post
Remind me not to stay in Orangeburg on my way down to Florida this year.
I don't know why.
That's why jury nullification is so important. Just like a not guilty verdict can't be overturned, neither can a guilty plea.Replace plea with "verdict" (sorry about that).
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